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CHIEF BROWN UZUDA & ORS. V. MR. EZEKIEL EBIGAH & ORS.

(2009) JELR 47348 (SC)

Supreme Court  •  SC.348/2002  •  17 Jul 2009  •  Nigeria

Coram
ALOYSIUS IYORGYER KATSINA-ALU JSC; MAHMUD MOHAMMED JSC; WALTER SAMUEL NKANU ONNOGHEN JSC; CHRISTOPHER MITCHELL CHUKWUMA-ENEH JSC; MOHAMMAD SAIFULLAH MUNTAKA-COOMASSIE JSC;

Judgement

C. M. CHUKWUMA-ENEH, J.S.C. (Delivering The Leading Judgment): In this matter, the plaintiffs in suit NO.AHC/52/86 has claimed against the defendants jointly and severally, a declaration of right of occupancy, damages for trespass and injunction in regard to the land in dispute situated in Ahoada Judicial Division. The defendants as plaintiffs in a cross-action No.AHC/107/86 have also claimed similar reliefs against the plaintiffs as in Suit No.AHC/52/86 as defendants, in respect of the same land in dispute as in the aforementioned suit. The two suits have been consolidated.

The defendants in AHC/52/86 have filed an application for an interlocutory injunction to restrain the plaintiffs from entering the land in dispute. Sequel to its ruling on this application, the trial court on 16/10/87 has acceded to the application, thus restraining the plaintiffs from entering the land in dispute. However, the plaintiffs have not reacted immediately to the order of injunction until 31/10/88 when…

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